The big news of yesterday was the House’s impeachment of DHS Sec. Alejandro Mayorkas. Big since it’s the first time an official other than the president has been impeached by the House in 150 years. I think the House erred in impeaching him although possibly for different reasons than most who agree with my view. In today’s Wall Street Journal Tennessee Rep. Mark Green has an op-ed defending the House’s action. Here are some snippets.
There are two primary grounds justifying this historic act by Congress. First, Mr. Mayorkas willfully refused to comply with the law, blatantly disregarding numerous provisions of the Immigration and Nationality Act. Though that law contains several detention mandates, Mr. Mayorkas directed the release of millions of inadmissible aliens into the country. He abused the statute allowing for parole on only a case-by-case and temporary basis and oversaw more than 1.7 million paroles. He created categorical parole programs contrary to the statute. In the interior, he directed Immigration and Customs Enforcement personnel not to detain most illegal aliens, including criminals. In his September 2021 enforcement guidance, the secretary directed that unlawful presence in the country was no longer sufficient grounds for removal, and that criminal convictions alone weren’t enough to warrant arrest. This guidance was contrary to the law.
Second, Mr. Mayorkas breached the public trust, both by violating his statutory duty to control the border and by knowingly making false statements to Congress. Under oath, he claimed to have operational control of the border, as defined by the Secure Fence Act, only to say later that he never made such a claim. He even testified that “the border is no less secure than it was previously”—a demonstrable lie. Mr. Mayorkas has also obstructed congressional oversight, forcing the committee to issue two subpoenas for documents, which are still unfulfilled.
and
Impeachment doesn’t require the commission of indictable crimes. The framers of the Constitution conceived of impeachment as a remedy for much more expansive failures. When officials responsible for executing the law willfully and unilaterally refuse to do so, and instead replace those laws with their own directives, they violate the Constitution by assuming power granted solely to the legislative branch. They undermine the rule of law itself—an offense worthy of impeachment and removal.
concluding:
There is little doubt that the framers, who cast aside tyrannical rule in favor of representative government, would view Mr. Mayorkas’s refusal to comply with the law and breach of public trust as impeachable. He is the type of public official for which they crafted this power. The Senate must finish the House’s work and convict Secretary Mayorkas.
I would be completely flabbergasted if the Senate convicted Sec. Mayorkas. For one thing the offenses for which he was impeached probably apply to the entire cabinet and President Trump’s cabinet before them. We know, for example, that several successive DCIs have lied to Congress and also violated the law. Where do you stop? Indeed, what are the stopping criteria?
Furthermore, isn’t the real question what direction has Sec. Mayorkas received? If he was directed to take the actions of which they’re accusing him, should he be impeached for them?